Married Woman Wilfully Cohabitating With Another Man Can't Prosecute Him For Rape Under False Promise Of Marriage: Telangana High Court

The Telangana High Court has made it clear that a married woman, wilfully cohabitating with another man, cannot prosecute him for Rape on his refusal to marry her. Justice K. Surender observed,"When there is a subsisting marriage, the question of respondent/accused marrying P.W.1 would not arise for the reason of such marriage being an offence punishable for bigamy and invalid...The physical relation amongst P.W.1 and the respondent/accused being one of consent, the question of rape does not arise."The Court was hearing an appeal challening the Respondent's acquittal for offences under Section 417, 376 and 506 of IPC by the Special Sessions Judge for Trial of Cases relating to Atrocities Against Women. The case of the prosecution was that the defacto complainant/P.W.1 was married to one Nagaraju seven years prior to the complaint. After one year, they got separated before the village elders due to marital discord. Eight months prior to complaint, she got acquainted with the respondent and developed physical intimacy on the belief that he would marry her. P.W.1 also provided Rs.10,000/- to the respondent/accused. She was carrying 4th month pregnancy and when asked to marry, the respondent/accused refused, for which reason complaint was filed. The Public Prosecutor submitted that the Sessions Court committed an error in ordering acquittal of the respondent/accused when there is substantive and convincing evidence to convict the accused for the offence of cheating Pw1 on the promise of marriage. The acquittal by sessions judge was granted on the following grounds: i) the marriage with the husband of P.W.1 was existing and not terminated under law; ii) the accused did not dispute acquaintance with PW1, however accused case is that since she was already married, he informed that he would marry P.W.1 when she gets a valid divorce from her husband; iii) The breach of promise by the respondent/accused subsequently not marrying P.W.1 in the back ground of P.W.1 not been divorced, would not attract an offence of cheating. The High Court noted that the marriage of P.W.1 with her husband did not terminate either by way of any order of the Court or by way of any custom prevailing in their community. The question of respondent marrying P.W.1, whose marriage was subsisting, does not arise. It is for the prosecution to prove that there is any accepted custom in the community of P.W.1 to say that such information to elders in their community would suffice to say that is a valid divorce. In view of the above, the appeal was dismissed.Also Read: Promise To Marry Made To Married Woman Not Legally Enforceable, Offence Of Rape Not Attracted: Kerala High CourtCase Title: The State of Telangana versus Dasari MuraliCitation: 2022 LiveLaw (Tel) 63 Click Here To Read/Download Judgment

Married Woman Wilfully Cohabitating With Another Man Can't Prosecute Him For Rape Under False Promise Of Marriage: Telangana High Court

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